Custody And Interrogation Of The Miranda Rights

Custody And Interrogation Of The Miranda Rights

1399 WordsFeb 24th, 20166 Pages

Unit 7 DB 1
Custody and interrogation contextual of our Miranda Rights
Introduction
Do you ever wonder about your Miranda Rights if you are ever questioned by an officer? Do you wonder if you will self-incrimination yourselves if you answer an officers questions in the wrong way? These are valid questions, and within this paper this learner hopes to answers them by describing custody and interrogation in the background of the Fifth Amendment, explain a circumstance where Miranda might be compulsory or a circumstance where the Miranda caveats would not be relevant.
The Fifth Amendment rights, interrogation in invoked and how the Edward Rule is sometimes is considered in cases
The Fifth Amendment defense that was espoused by the Supreme Court case Miranda v. Arizona, which gave birth to two basic measures that would protect an individual’s Fifth Amendment rights and they were: they have the right to remain silent and the right to have counsel provided if they cannot afford one. The court also set in place another protection for citizens which were “privilege against compelled self-incrimination by requiring LEOs to provide certain warnings and obtain a waiver from a defendant prior to custodial interrogation” (Myers, 2010, para. 2). Thereby, if a person invokes their Fifth Amendment right to counsel, then all interrogation must stop, unless their counsel is present.
According to Myers (2010, para. 3) the second layer of protection, which is often referred to as the Edwards…

November 2, 2014
Miranda Rights
The Miranda Rights, also known as the Miranda Warning, were derived from the 5th and 6th amendments in which they guarantee all people who are taken into arrest the right to trial, council, and to be appointed a lawyer. Although not explicitly expressed in the constitution, the Miranda rights provide the necessary precautions for self-incrimination and proper trial by providing those who have been arrested or incarcerated a brief description of the rights the individual…

Miranda; The Right to Remain Silent.
Term Paper Outline
I chose this case because I have heard about the Miranda warning many times in all of my AOJ classes. I know what The Miranda rights are and there purpose but I don’t know the whole story about Miranda, what he did, what happened at trial, why it went all the way up to the U. S. Supreme Court and how the Miranda warning came to be. I would like to know the whole story behind The Miranda trial and what the Supreme Court ruling was.
On the early…

Miranda Rights
The Miranda rights all started in 1963. Ernest Miranda was taken into custody by Phoenix police as a suspect for the kidnapping and rape of a girl. The Phoenix police department questioned Ernest for two vigorous hours. Miranda finally confessed orally to the crime, and then wrote out a statement admitting to the crime and describing what he had done. Miranda's trial came to date; the crime was admitted despite his lawyer's advice and he was convicted and sentenced.…

Miranda Rights
Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life? The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can…

source of the prosecutor’s evidence. When a suspect is brought into police custody to obtain a confession or a statement, police officers are required to read the Miranda warning if they believe the confession will be used to convict the suspect. The constitutional basis for the Miranda warning and the conditions for a voluntary waiver of the Miranda rights were announced by the U.S. Supreme Court in Miranda v. Arizona.
Miranda v. Arizona, announced June, 13 1966, resolved four separate criminal appeals…

The Creation of Miranda Rights
The constitution was designed to have basic laws to govern by and at the same time providing citizens with the basic rights of life, liberty and happiness ( which later became property). These terms are pretty vague thus they often need to be given specific meaning or interpretation in a courtroom. The constitution also includes a set of amendments that are called the bill of rights, because they mainly deal with rights of he “people” and citizens of the United…

On March 13 1963, Ernesto Miranda was arrested on charges of rape and kidnapping of an 18 year old girl. He was interrogated but was never aware that the details of his interrogation would later be used against him in his court trial. Miranda stated that he was never spoken to concerning his right to silence and council as well as the confession being used against him in his trial. He would end up being sentenced to prison, however in June 1965, his attorneys would send the case to the Supreme Court…

Miranda Rights
Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life? The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can…

Does the Miranda Rights benefit the defendant too much where as the courts throw out voluntary confessions? The Fifth Amendment clearly states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia. (U.S Constitution Fifth Amendment) When arresting citizens, officers must inform the individual of his or her rights or the statement that was said will…

Miranda Rights
Sammy Alvarado
Profr. T. Gravatt
AGGE 146
11/06/2014
II. Introduction
I initiated my quest for answers in the one place you can count on to get answers, Turlock
Police Department. I went to the newly opened Public Safety Department. I got to the window
where a nice gray haired front desk officer/attendant asked me what he could help me with. I
told him, my name is Sammy Alvarado and I was a student at Modesto Junior College and
wanted…